자동차손해배상보장법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal (misunderstanding the facts) is that the Defendant naturally joined the company as a driver and operated the instant vehicle with the knowledge that the Defendant would have subscribed to mandatory insurance. Nevertheless, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is that the Defendant is a holder of B-wing and cargo vehicles.
No automobile which is not covered by mandatory insurance shall be operated on a road.
Nevertheless, around 14:41 on September 19, 2012, the Defendant operated the foregoing automobile not covered by mandatory insurance on the roads near the Nam-gu Incheon Metropolitan City, Nam-gu C.
B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence in its judgment.
(c)
(1) Article 46(2)2 of the former Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jan. 6, 2015) provides that a person who operates an automobile not covered by mandatory insurance in violation of the main sentence of Article 8 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won.
Since Article 46 (2) 2 of the above Act provides that "the owner of a motor vehicle is "the owner of the motor vehicle" and "the owner of the motor vehicle" under Article 2 (2) 3 of the same Act means the owner of the motor vehicle or a person who has the right to use the motor vehicle for himself/herself.
“A person who operates an automobile for himself/herself” here refers to a person who is in the position of the responsible subject to the responsibility to control the operation of an automobile and to enjoy the benefit therefrom (see Supreme Court Decision 91Da3918 delivered on May 10, 1991, etc.). (2) In this case, according to the evidence duly adopted and investigated by the court below and the trial court, the defendant subscribed to mandatory insurance at the time and place specified in the facts charged in the instant case.